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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Liability For Other Persons

Liability For Other Persons

Chapter:
(p.490) 16 Liability For Other Persons
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0016

This chapter examines the liability of a person for damage caused by another person with whom that person has a special relationship. The most obvious examples are the responsibility of parents for children and of employers for employees (in common law also known as ‘vicarious liability’). The liability of the employer for damage caused by the employee differs between the three legal systems. England and France provide for strict liability rules while Germany provides for liability for rebuttable negligence. The case law in Germany, however, has limited the employer's defences and has also provided ways around his liability, making the practical differences with English and French law negligible. Liability for children shows greater differences, with France providing for the parents' strict liability, Germany for a liability for rebuttable negligence, and England for a traditional fault liability regime.

Keywords:   liability, damage, special relationship, negligence, tort law, parents, children, supervisors, employees

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